Reported Cases

PUBLISHED APPELLATE CASES

Long Beach Unified School District v. State of California, 225 Cal.App.3d 155, 275 Cal.Rptr. 449 (1990); Petition for Review denied February 28, 1991.

City of Sacramento v. State of California, 50 Cal.3d 51, 266 Cal.Rptr. 139 (1990).

American River Fire Protection Dist. v. Board of Supervisors, 211 Cal.App.3d 1076, 259 Cal.Rptr. 858 (1989).

Carmel Valley Fire Protection Dist. v. State of California, 190 Cal.App.3d 521, 234 Cal.Rptr. 795 (1987).

City of Anaheim v. State of California, et al., 189 Cal.App.3d 1478, 235 Cal.Rptr. 101 (1987) (Opinion certified for partial publication).

Division of Occupational Safety and Health v. State Board of Control, 189 Cal.App.3d 794, 234 Cal.Rptr. 661 (1987).

County of Los Angeles, et al. v. State of California, et al.; City of Sonoma, et al. v. State of California, et al., 43 Cal.3d 46, 233 Cal.Rptr. 38 (1987).

Las Virgenes Homeowners Federation, Inc., et al. v. County of Los Angeles, (Currey-Riach Company, Real Party-In-Interest), 177 Cal.App.3d 300, 223 Cal.Rptr. 18 (1986) (CEQA action).

Rapid Transit Advocates v. Southern California Rapid Transit District, 752 F.2d 373 (9th Cir. 1985) (NEPA action).

San Bernardino Valley Audobon Society v. County of San Bernardino, et al., (Gold Mountain Memorial Park, Real Party-In-Interest), 155 Cal.App.3d 738, 202 Cal.Rptr. 423 (1984) (CEQA action).

Richard M. Carman v. H.B. Alvord, as Tax Collector, etc., et al., 31 Cal.3d 318, 182 Cal.Rptr. 506 (1982).

Vernons & Vernons, Ltd., et al. v. County of Los Angeles, et al., 115 Cal.App.3d 943, 171 Cal.Rptr. 785 (1981).

Pitney-Bowes, Inc. v. State of California, et al., 108 Cal.App.3d 307, 166 Cal.Rptr. 489 (1980).

William S. Hart Union High School Dist. v. Regional Planning Commission, 226 Cal.App.3d 1612 (1991).

UNPUBLISHED APPELLATE CASES

Citizens For An Informed Choice of San Dieguito v. Local Agency Formation Commission, 4 Civ. D004698 (1986) (Legal challenge to the incorporation of the City of Encinitas).

TRIAL LITIGATION (Partial Listing Only)

A.E. Anderson, et al. v. City of Lancaster, Los Angeles Superior Court Case No. MS 000107, action challenging approval of conditional use permit, settled April 1991.

American Canyon Fire Protection District v. The Local Agency Formation Commission of Napa County, Napa County Superior Court Case No. 63142, on appeal, First District Court of Appeal.

o Aptos Fire/La Selva Fire Protection District v. Board of Supervisors of County of Santa Cruz, Santa Cruz Superior Court Case No. 113700, action compelling distribution of property taxes, settled, September 1990.

Carmel Valley Fire Protection Dist., et al. v. Monterey County Emergency Medical Services, Inc., et al., Monterey County Superior Court Case No. M 33535.

Central City East Association v. City of Los Angeles, et al., Los Angeles Superior Court Case No. C675061, filed January 28, 1988, settled, April 1989.

Central City South Association v. City of Vernon, et al., (California Thermal Treatment Services, Real Party-In-Interest), Los Angeles Superior Court Case No. C671345, filed December 18, 1987 (Land use and CEQA litigation), settled, December 1988.

Central Fire Protection District of Santa Cruz County v. Board of Supervisors of Santa Cruz County, Santa Cruz Superior Court Case No. 113699, action compelling distribution of property taxes, settled, September 1990.

City of Burbank, et al. v. State of California, et al., Los Angeles Superior Court Case No. C538675, filed January 16, 1985; recovery of state-mandated costs, settled, December 1989.

City of El Monte v. City of Arcadia, et al., Los Angeles Superior Court Case No. BS 028499, an action challenging approval of Conditional Use Permit and Reclamation Plan and their environmental analysis by the City of Arcadia; judgment granted in favor of the City of El Monte, setting aside approval of the Conditional Use Permit and Reclamation Plan as well as their environmental analysis. Included in the Administrative Agency representation were proceedings before the State Division of Mines & Geology. In the Trial Court, the City of El Monte prevailed and obtained an award of attorneys' fees and obtained an award of attorneys' fees, dated October 16, 1995; matter is currently on appeal, Second District Court of Appeal Case No. B095346.

City of El Monte v. City of Arcadia, et al., Los Angeles Superior Court Case No. BC 104508, an action challenging the refusal of the City of Arcadia to allow the City of El Monte to file for a zone change allowing recreational and open space use on City of Arcadia property surrounded on three sides by the City of El Monte; judgment granted in favor of the City of El Monte, dated June 5, 1995.

Contra Costa Mosquito Abatement District v. Contra Costa County, Contra Costa Superior Court Case No. C 92-04887, action compelling distribution of property taxes; settled June 1993.

Kimberly Young-Silver, et al. v. City of Malibu, et al., Los Angeles Superior Court Case No. BC 071672, judgement entered in favor of Petitioners and Plaintiffs January 30, 1996.

Mountains Recreation and Conservation Authority v. Soka University of America, etc., Los Angeles Superior Court Case No. BC071672, filed December 29, 1992, settled September 15, 1996, eminent domain proceeding.

Network Auto Body, Inc. v. City of Los Angeles, et al., Los Angeles Superior Court Case No. C704925, filed November 9, 1988, settled, April 1991.

Richmond Unified School District v. State of California, et al., Los Angeles Superior Court Case No. C700037, filed September 27, 1988, recovery of state-mandated costs, settled, May 1990.

San Miguel Consolidated Fire Protection District, et al., v. Robert Booker, Auditor-Controller of San Diego County, et al., Sacramento Superior Court Case No. 373120, filed January 4, 1993; Petition for Review filed before the California Supreme Court July 5, 1994.

San Ramon Valley Fire Protection District v. Contra Costa County, Contra Costa County Superior Court Case No. C92-04453, trial court decision, May 20, 1993; settled on appeal, First District Court of Appeal.

Shapell Industries, Inc. v. City of San Diego, San Diego Superior Court Case No. 609038, filed February 23, 1989. Subsequently settled June 1991.

Shapell Industries, Inc. v. Robert Bernard, et al., Los Angeles Superior Court Case No. C64178, filed March 27, 1987, Subsequently settled March 1991.

Soka University of America v. Mountain Recreation and Conservation Authority, et al., Ventura County Superior Court Case No. 124322, filed December 17, 1992, Trial Court decision, February 16, 1993; Second District Court of Appeal, 2d Civ. B074508.

Tustin Hills Environmental Alliance v. City of Tustin, et al., Orange County Superior Court Case No. 682333; Fourth District Court of Appeal, 4th Civ. G014401; transferred to Second District Court of Appeal, 2d Civ. B077801, February 15, 1994

Upper K-Shapell Joint Venture v. Placentia Unified School District, Orange County Superior Court Case No. 577311, filed December 16, 1988, settled January 1990.

Wayne Collins, et al. v. City of La Canada Flintridge, et al., Los Angeles Superior Court Case No. C719882, filed April 6, 1989, settled August 1991, Second District Court of Appeal, 2d Civ. No. B048340.

West Basin Association, et al. v. Goleta Water District, et al., Santa Barbara Superior Court Case No. 152435, 1985 (Water rights and CEQA litigation), settled.

ENTITLEMENT PROCEEDINGS (Partial Listing Only)

Currey-Riach Company - Zone Change No. 81-039, Conditional Use Permit No. 2013, Tentative Tract Map Nos. 32952, 32953, 32954, 32960, 32964, 32988, and 33128 (County of Los Angeles); Stream Alteration Agreement (State Department of Fish and Game); 404(d) Permit (U.S. Army Corps of Engineers).

Los Angeles Cellular Telephone Company, County of Los Angeles - Conditional Use Permit No. 87-357; represented Currey-Riach Company and Lost Hills Communications, Inc. in opposition to the installation of a cellular telephone transmitter.

Los Angeles Men's Place - Planning Case No. 85-464CV; represented Central City South Association in opposition to the establishment of a residence for the mentally ill homeless.

Network Auto Body, Inc., County of Los Angeles - Conditional Use Permit No. 88-393.

P. & T. Metals, Inc., City of South El Monte - Zone Variance No. 88-258 and Conditional Use Permit No. 88-378.

Shapell Industries, Inc.

- Bouquet Canyon, Local Plan Amendment No. 86-189, Zone Case No. 86-189, Conditional Use Permit Nos. 86-189 and 85-628, Tentative Tract Nos. 31158 and 46018 and Development Agreement No. 86-565 (County of Los Angeles); Stream Alteration Agreement (State Department of Fish and Game).

- Country Village Planned Community Area Plan No. 87-04P, proposed Second Amendment, Tentative Tract Nos. 9945 and 10292, Development Agreement No. 86-1, and Zone Change No. 86-9 (County of Orange); Stream Alteration Agreement (State Department of Fish and Game); 404(d) Permit (U.S. Army Corps of Engineers).

- Gale Ranch Development Agreement, Specific Plan and related entitlements to use (City of San Ramon, County of Contra Costa).

- Mesa del Sol, Tentative Tract Map No. 86-0613 and related rezoning community plan amendments (City of San Diego); Stream Alteration Agreement (State Department of Fish and Game).

- Porter Ranch Development Company Specific Plan and related entitlements to use, including proposed Development Agreement (City of Los Angeles), 1987 to present.

- Rancho Conejo, Specific Plan No. 7, as amended by Amendment No. 2, Vesting Tentative Tract No. 4366V, Residential Planned Development Permit No. 88-392, Oak Tree Permit No. OTP762, Tract No. 4366 and RPD 88-392 (City of Thousand Oaks); Stream Alteration Agreement (State Department of Fish and Game).

- W. & K. Management, City of Maywood, Extension of Non-Conforming Use No. 330, Zone Change No. 331 and General Plan Amendment No. 332.

LOCAL AGENCY FORMATION COMMISSION PROCEEDINGS

City of Agoura Hills v. Local Agency Formation Commission of Los Angeles County, 198 Cal.App.3d 480, 243 Cal.Rptr. 740 (1988) acknowledges expert testimony by Mr. Ross.

Represented Currey-Riach Company in opposition to a City of Agoura Hills Sphere of Influence Revision and Annexation, 1989.

Represented Encinitas Fire Protection District in its application for incorporation as the City of Encinitas, Local Agency Formation Commission of the County of San Diego, 1986-1987
Represented American Canyon Fire Protection District in its application for amendment to its Sphere of Influence, Local Agency Formation Commission of Napa County, 1990-1991.

Represented Saratoga Fire Protection District in contesting a Sphere of Influence matter before the Local Agency Formation Commission of the County of Santa Clara, 1991-1992.

Represented the June Lake Fire Protection District in association with an annexation of properties adjacent to the existing district before the Local Agency Formation Commission of the County of Mono, 1991-1993.

Represented the Salida Fire Protection District in contesting a Sphere of Influence matter before the Local Agency Formation Commission of the County of Stanislaus, 1995-1996.